§ 90.108. Hydrologic balance: sedimentation ponds.
(a) Surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts coal refuse disposal activities demonstrates to the satisfaction of the Department that sediment ponds are not necessary to meet the effluent limitations under § 90.102 (relating to hydrologic balance: water quality standards, effluent limitations and best management practices).
(b) Sedimentation ponds shall be constructed in accordance with this section and § § 90.111 and 90.112 (relating to hydrologic balance: impoundments; and hydrologic balance: dams, ponds, embankments, and impoundments—design, construction and maintenance), in appropriate locations before any disturbance of the area to be drained into the pond. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams. Ponds may be located in intermittent streams provided the requirements of Chapter 105 (relating to dam safety and waterway management) are met.
(c) Sedimentation ponds may not be removed until the disturbed area has been stabilized and revegetated and the Department approves the removal of the ponds. The ponds may not be removed sooner than 2 years after the last augmented seeding, unless the Department finds that the disturbed area has been sufficiently revegetated and stabilized.
(d) At a minimum, sedimentation ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).
(e) The water storage resulting from inflow shall be removed by a nonclogging dewatering device approved by the Department. The dewatering device may not be located at a lower elevation than the maximum elevation of the sediment storage volume. The device shall have a discharge rate to achieve and maintain the required detention time.
(f) The ponds shall be designed, constructed and maintained to prevent short circuiting.
(g) The design, construction and maintenance of a sediment pond in accordance with this section does not relieve the person who conducts coal refuse disposal activities of the responsibility for complying with the applicable treatment requirements and effluent limitations established under § 90.102.
(h) There may be no discharge through the emergency spillway during the passage of the runoff resulting from the 10-year, 24-hour precipitation events or lesser events through the sedimentation pond.
(i) The elevation of the crest of the emergency spillway shall be a minimum of 1.0 foot above the crest of the principal spillway.
(j) When the sedimentation pond is to be removed, the affected land shall be regraded and revegetated in accordance with § 90.151—90.157, 90.159 and 90.160.
Authority The provisions of this § 90.108 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 90.108 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (176082) and (180937).
Cross References This section cited in 25 Pa. Code § 90.39 (relating to ponds, impoundments, banks, dams, embankments, piles and fills); and 25 Pa. Code § 90.113 (relating to hydrologic balance: coal processing waste dams and embankments).
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